Terms and Conditions: Shipping By DHL Express

DHL EXPRESS TERMS AND CONDITIONS OF CARRIAGE (“Terms and Conditions”)

IMPORTANT NOTICE

When ordering DHL’s services you, as “Shipper”, are agreeing, on your behalf and on behalf of the receiver of the Shipment (“Receiver”) and anyone else with an interest in the Shipment that these Terms and Conditions shall apply.

“Shipment” means all documents or parcels that travel under one waybill and which may be carried by any means DHL chooses, including air, road or any other carrier. A “waybill” shall include any Shipment identifier or document produced by DHL or Shipper automated systems such as a label, barcode, waybill or consignment note as well as any electronic version thereof. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then insurance may be arranged at an additional cost. (Please see below for further information). “DHL” means any member of the DHL Express Network.

DHL may perform any of the following activities on Shipper’s or Receiver’s behalf in order to provide its services: (1) complete any documents, amend product or service codes, and pay any duties, taxes or penalties required under applicable laws and regulations (“Customs Duties”), (2) act as Shipper’s forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and (3) redirect the Shipment to Receiver’s customs broker or other address upon request by any person who DHL believes in its reasonable opinion to be authorized.

A Shipment is deemed unacceptable if:

no customs declaration is made when required by applicable customs regulations,

Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver’s address given by Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area.

DHL may notify Receiver of an upcoming delivery or a missed delivery. Receiver may be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at a DHL Service Point. Shipper may exclude some delivery options on request.

If the Shipment is deemed to be unacceptable as described in Section 2, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay Customs Duties or other Shipment charges, DHL shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against Customs Duties, Shipment charges and related administrative costs with the balance of the proceeds of a sale to be returned to Shipper. DHL shall have the right to destroy any Shipment which any law prevents DHL from returning to Shipper as well as any Shipment of Dangerous Goods.

DHL has the right to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons.

DHL’s Shipment charges are calculated according to the higher of actual or volumetric weight per piece and any piece may be re-weighed and re-measured by DHL to confirm this calculation.

Shipper, or the Receiver when DHL acts on Receiver’s behalf, shall pay or reimburse DHL for all Shipment or other charges due, or Customs Duties owed for services provided by DHL or incurred by DHL on Shipper’s or Receiver’s behalf. Payment of Customs Duties may be requested prior to delivery.

If DHL uses its credit with the Customs Authorities or advances any Customs Duties on behalf of a Receiver who does not have an account with DHL, DHL shall be entitled to assess a fee.

6.1 DHL’s liability in respect of any one Shipment transported by air (including ancillary road transport or stops en route) is limited by the Montreal Convention or the Warsaw Convention as applicable, or in the absence of such Convention, to the lower of (i) the current market or declared value, or (ii) 19 Special Drawing Rights per kilogram (approximately $US 26.00 per kilogram). Such limits shall also apply to all other forms of transportation, except where Shipments are carried only by road, when the limits below apply.

For cross border Shipments transported by road, DHL’s liability is or shall be deemed to be limited by the Convention for the International Carriage of Goods by Road (CMR) to the lower of (i) current market value or declared value, or (ii) 8.33 Special Drawing Rights per kilogram (approximately $US 14.00 per kilogram). Such limits will also apply to national road transportation in the absence of any mandatory or lower liability limits in the applicable national transport law.

If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 8 or make its own insurance arrangements.

DHL’s liability is strictly limited to direct loss and damage to a Shipment only and to the per kilogram limits in this Section 6. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to DHL’s attention.

6.2 DHL will make every reasonable effort to deliver the Shipment according to DHL’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. DHL is not liable for any damages or loss caused by delay, but for certain Shipments, Shipper may be able to claim limited delay compensation under the Money Back Guarantee terms and conditions.

All claims must be submitted in writing to DHL within thirty (30) days from the date that DHL accepted the Shipment, failing which DHL shall have no liability whatsoever. Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith.

DHL may be able to arrange insurance covering the value in respect of loss of or damage to the Shipment, provided that the Shipper so instructs DHL in writing, including by completing the insurance section on the front of the waybill or by DHL’s automated systems and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.

DHL is not liable for any loss or damage arising out of circumstances beyond DHL’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to DHL; any act or omission by a person not employed or contracted by DHL - e.g. Shipper, Receiver, third party, customs or other government official; “Force Majeure” - e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, civil commotion, or industrial action.

Shipper shall indemnify and hold DHL harmless for any loss or damage arising out of Shipper’s failure to comply with the following warranties and representations:

all information provided by Shipper or its representatives is complete and accurate;

the Shipment is acceptable for transport under Section 2 above;

the Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation to DHL;

Shipper has complied with all applicable customs, import, export, data protection laws, sanctions, embargos and other laws and regulations; and

Shipper has obtained all necessary consents in relation to personal data provided to DHL including Receiver’s data as may be required for transport, customs clearance and delivery, such as e-mail address and mobile phone number.

Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.

Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of DHL, to the non-exclusive jurisdiction of the courts of, and governed by the law of the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.

The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.

DHL EXPRESS MONEY-BACK GUARANTEE TERMS AND CONDITIONS

IMPORTANT NOTICE

DHL will, upon the customer's request and subject to the restrictions described below, provide a credit or a refund of the premium paid by the customer for a DHL Express shipment, that is delivered later than DHL's quoted delivery commitment.

B. The Guarantee applies to the premium over and above the customer’s price for a standard end of day service (DHL EXPRESS WORLDWIDE, DHL EXPRESS WORLDWIDE IMPORT, or in the case of domestic shipments, DHL EXPRESS DOMESTIC) (the “Premium”). The Guarantee is exclusive of all other items, including, without limitation, fines, taxes or other charges or amounts (such as any fuel surcharge component), and transportation charges resulting from returned shipments.

C. In the case of multiple piece shipments, the Guarantee will apply to every piece in the shipment. If a late delivery occurs for any piece within the shipment, the credit or refund will be applicable to the entire shipment.

D. Customer must notify DHL of any claim for late delivery, in writing or by telephone, within 14 calendar days of the shipment date and provide DHL with the account number (if any), the waybill number, the date of shipment, and complete receiver information. Within 30 calendar days after customer so notifies DHL, DHL shall either:

provide the customer with the credit or refund,

provide the customer with information explaining the reason that the shipment is not eligible for the Guarantee under the applicable limitations or exclusions, or

provide the customer with evidence of timely delivery.

E. Customer may not permit any other party to notify claims on its behalf nor assign claims to any other party. Payment by DHL of the Premium to the customer shall constitute a full release of DHL’s obligations for any delay under the Guarantee.

F. The Guarantee will not apply where late delivery or failure to deliver is due to circumstances beyond DHL’s control, as set out in the DHL Terms and Conditions of Carriage and including customs delays, inaccurate or incomplete shipment information, delivery instructions or information (such as P.O. Box for receiver address, missing or inaccurate receiver telephone number), or receiver’s request for delay, shipment diversion or non-standard clearance services; or unavailability or refusal of the receiver to accept delivery or to pay duties and taxes against delivery if requested.

G. All other provisions of the DHL Terms and Conditions of Carriage apply. The Guarantee is subject to modification or cancellation by DHL at any time.

H. If a customer has an extremely time-sensitive shipment, the loss or delay of which may result in consequential damages, the customer must contact his own insurance agent or broker to insure against such risks, as DHL does not assume such liabilities. DHL does not provide and will not arrange such shipment insurance.

I. The Guarantee does not apply to:

(i) shipments linked to clinical trials where temperature sensitive packaging is being used;

(ii) the extra charges applicable to any optional service sold with the shipment, e.g. packaging;

A. The Services are available only from specified locations to specified post code destinations (or towns where no post codes are available).

B. The Services are not available for unacceptable shipments as defined in the DHL Terms and Conditions of Carriage or for shipments which do not meet any other restrictions on size, weight, commodity or value identified by DHL.

C. To establish whether a Service is available for a particular shipment, between a particular origin and destination, or in combination with a particular service option (such as Saturday Delivery), please consult DHL's website or contact DHL Customer Service and supply the following information:

the pick-up address,

the commodity being shipped,

(if applicable) its value for customs purposes,

the time and date the shipment is available to be picked-up,

the exact destination, including post code,

the shipment weight,

the shipment dimensions,

the number of pieces.

D. The shipper must specify the requested Service on the waybill and must tender the shipment to DHL by the time agreed with DHL.